Different Types of Negligence in Child Product Liability Cases
If your child has been harmed by a dangerous or defective product, one of the first things on your mind may be to understand exactly why your child was injured. Did you or your child misuse the product? Did the warranty expire? Was the product made with poor quality materials? There isn't always an easy answer to this question, but our defective child product attorneys in Los Angeles are ready to use their skills and extensive resources to help you get the answers you deserve.
There are different types of negligence that can occur in a children's product liability case:
- Breach of warranty: when a product does not perform as the manufacturer directly states in the product's terms of use. An example of this could be a car seat that specifically states it will protect your child in the event of a side-impact collision but failed to do so.
- Design defects: A product that is inherently dangerous because of the way it is designed. For example, a child's toy that has unnecessarily sharp corners that cause lacerations or puncture wounds.
- Failure to warn: Manufacturers have a responsibility to warn consumers about dangers that can occur if a product is not used for its intended purpose. Failure to include proper warnings about these dangers is a form of negligence.
- Hidden defects: A defect that is not know to the manufacturer or consumer until it causes harm. The defect must be considered unreasonably dangerous, the consumer must have used the product as intended by the manufacturer, and the product must not have been altered in any way.
- Manufacturing defects: Involve parts or materials that are defective and cause serious harm, such as a car seat that doesn't latch properly.
- Marketing defects: This type of negligence involves the way a product is marketed to the consumer. If the marketing makes false claims or fails to warn users of potential dangers, the company could be held responsible.
Contact Shoop | A Professional Law Corporation today to pursue the compensation you and your child deserves. Our Los Angeles children's product liability lawyers focus entirely on defective product cases, so we know exactly how to determine the type of negligence involved in your case and hold the guilty party responsible.
Keeping Dangerous Products Out of Your Home
When products aren’t fully tested and don’t include sufficient warnings, it can be difficult for parents to see the risks they might introduce. Especially with the rise of online marketplaces, product testing can’t keep up with the millions of items that can be yours in a click.
Counterfeit products online may come with claims they are safe and even doctored images that create the impression of celebrity endorsements. Sellers also do their best to associate knock-off products will well-known brands that have been rated for safety. Parents have no way of knowing if they’re finding a good deal or buying a cheaply made product.
Tracing liability through complex and international online markets also proves a bigger challenge than identifying parties involved with products sold in brick-and-mortar stores. Small companies may come and go, and products can be produced in small batches that quickly sell out. Our attorneys are prepared to direct extensive investigations to help you find the truth and start your suit.
We have the skill, knowledge, and resources to fight for you. Call (866) 884-1717 to schedule a free consultation.